HomeMy WebLinkAboutDeed APPLICANT 10/17/2008
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AFTER RECORDING. RETIJRN TO:
UNTIL A CHANGE IS REQUESTED,
SEND ALL TAX STATEMENTS TO:
Jeffrey H. Keeney, Esq.
Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204-2099
United States Bakery
PO Box 14769
Portland, OR 97293-0769
WARRANTY DEED
WILDISH INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon
corporation, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon
CV'l'v,~"ion, Grantee, that certain real property located in Lane County, Oregon, and more
, particularly described on Exhibit A attached'hereto, free ofallliell!' and:encumbrances except
those setfortb on Exhibit B attached hereto.
, The true consideration for this conveyance is $629,880, (i) paid from proceeds of
a tax-deferred exchange under Section 1 033'ofthe Internal Revenue Code, and (ii) paid to a
qualified accommodator as part of a tax-deferred exchange under Section 1031 oftjle Internal
Revenue Code.
BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, TIlE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, TIlE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER
ORS 197.351'.
DATED this 1 st day, of Jl!fie, 2006.
GRANTOR:
WILDISH INDUSTRIAL DEVELOPMENT
CORPORATION, an Oregon CV'I'V",,;on
( Division of Chief Deputy Cle~k
Lane Counly Deeds and Records
2~~D.~J~~1~
'\BL1kz,U;:; JJlill
(7'es A. Wildish, President
Date Received:
111111111111111111111111111111111111111111111 $41.00
1081189920..6003851 :e,..40046 06/02/2006 03:51 :41 PM
RPR-DEED Cnt=l Stn=9 CRSHIER D4
$20.00,$11.00 $10.00
OCT 1 7 2008
"'--- - ---
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Original Submittal
.
.
..
STATE OF OREGON )
) ss.
County of Lane, )
The foregoing instrument was acknowledged before me on the 1 st day of June,
2006, by James A, Wildish as President of Wild ish Industrial Development Corporation, an
Oregon corporation. "
. llFRClAl SEAl.
UNDA L IIBISE
, NOTARY PIIIUC . 0IlE6lIl
",.' COMMISSION NO. 391459 ' ,
MY ""'W"SIlJ!i ElIi>IREs 0ClDBSI29.2009
~~do,_o,
Notliiy Public for Oregon
My colll1l1ission expires: I 01 ~q / b t
, I
000632\00194\689854 Vool
Date ReCeived:
OCT 1 7 2008
Original Submittpl
.'
Ii
'\'
'. EAnU>IT A
, Legal Description
Beginning at the southeast corner Of Lot 5, Block 2 ofWildish Industrial Tracts as platted and
recorded in Book 56, Page, 11 of the Lane County Oregon Plat Records; thence along the south
line of said Lot 5, Block 2 South 61006'00" tv est 152.59 feet to the southwest corner of said
Lot 5, Block 2; thence leaving said south line and running South 36006'25" West 273,98 feet to a
point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of
way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of
the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly
boundary of the Ashland Line of the Southern Pacific Railroad right of way South 53054'33" East
506.26 feet to a point marking the intersection of the northerly boundary of the Ashland Line of
the Southern Pacific Railroad right of way and the southwesterly projection of the northerly ,
boundary of Lot 11, Block 2 of said Wildish Industrial Tracts; thence leaving the northerly
boundary of said railroad right of way and running along the northerly boundary of said Lot 11,
Block 2 North 36006'25" East 284.96,feet to.the corner common to Lot 7, Lot 8 and Lot 11 in
Block 2 of said Wildish InduStrial Tracts; thence along the common boundary between Lot 7 and
Lot 8 in Block 2 of said Wildish Industrial Tracts North 2,9007'10" East 169.35 feet to a point on
the southerly margin ofNuggei Way, said point being 25.00 feet from, when measured at right
angl~s to, the centerline of Nugget Way; thence along the southerly margin of Nugget Way
North 60052'50" West 385.97 feet and along the arc ofa 70.00 foot radius curve right (the chord
. of which bears North 44053'25" West 38.57 feet) a distance of39.07 feet to the point of
beginning, all in Lane County, Oregon.
" ,
Date Received:
OCT 1 7 2008
Original Submittal
. ,
'\
EXlDBIT B
Permitted Exceptions
1. Easement, including the terms and provisions thereof, 'granted the City of Eugene,
recorded August 6, 1969, Reception No. 76323, Lane, County Oregon Deed Records.
2. Easement, including the terms and provisions' thereof, granted the City of Eugene,
recorded December 15, 1967, Reception No. 8194, Lane County Official Records.
3. Easements as shown on the recorded plat of Wild ish Industrial Tracts, except that portion
of the railroad easement along the Westerly boundary of Block 2, vacated by City of
Springfield Ordinance No. 6139, recorded April 5, 2006, Reception No, 2006-023042,
Lane County Official Records.
4. Easements for utilities over and across the premises formerly included within the
boUndaries of the vacated railrOad easement vacation by City of Springfield Ordinance
, No. 6139, recorded April 5, 2006, Reception No. 2006-023402, Lane County Official
Records, if any such exist, as reserved therein.
5. Wildish Industrial Park Covenants, Conditions and Restrictions, mcluding the terms and
provisions thereof (but omitting cove pants or restrictions, if any, based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law)
recorded February 29,1996, Reception No. 9613731, Lane County Deeds and Records.
6. . GlenwoodUrban Renewal Plan, including the terms and provisions thereof, recorded
December 14, 2004, Reception No, 2004-095229, Lane County Deeds and Records.
7. Public utility easement, including the terms and provisions thereof, granted to the City of
Springfield, recorded October'04, 2005, Reception No. 2005-078937, Lane County ,
Official Records.
>
8. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including
the terms and provisions thereof, recorded October 4, 2005, Reception No. 2005-078938,
Lane County Official Records.
9. , Public utility easement, including the terms and provisions thereof, granted the Cityof
Springfield, recorded May 05, 2006, Reception No. 2006-031288, Lane County Official
Records. ' '
Date Received:
OCT 1 7 2008
Origil"<.l1 Submittal
(V .'" ,R~RN TO CASCADE TITLE CO. .'
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AFTER RECORDING. RETIJRN TO:
UNTIL A CHANGE IS REQUESTED,
SEND ALL TAX STATEMENTS TO:
,J
Jeffrey H. Keeney, Esq.
Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth A venue
Portland, OR 97204-2099
United States Bakery
PO Box 14769
Portland, OR 97293-0769
WARRANTY DEED
WILDISH INDUSTRIAL DEVELOPMENT CORPORATlON, an Oregon
CU'I'Vu.jon, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon
corporation, Grantee, an undivided 48.39 percent interest in that certain rea11',v>,,,,;j located in
Lane County, Oregon, and more particularly described on Exhibit A attached hereto, free of all
liens and encumbrances except those set forth on Exhibit B attached hereto.
The true consideration for this conveyance is $1,019,816, (i) paid from proceeds
of a tax-deferred exchange under Section 1033 of the Internal Revenue Code, and (ii) paid to a
qualified accommodator as part oh tax-deferred exchange under Section 1031 of the Internal
Revenue Code.
r'
BEFORE SIGNfNG OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF TIlE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULA TlONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, TIlE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD
CHECK WITH TIlE APPROPRIATE CITY'OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE
ABOUT TIlE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
197.352.
DATED this 1 st day of June, 2006.
GRANTOR:
WlLDISH INDUSTRIAL DEVELOPMENT
CORPORATION"an Oregon corporation
(
Division of Chief Deputy Cle~k
lane County Deeds and R~cords
---->>!
2~~D.~J~~ 19 J
Date Received:
1111111111111111111111'111111 "11111l1li11 $51.00
008 19~0200~0J385190J6'0g4
06/02/200603:51:41 PM
RPR-DEED Cnt=l Stn=9 CRSHIER 04
$30.00 $11.00 $10.0D
"'------ --...
OCT 1 7 2008
Original Submittal
-'
.
STATE OF OREGON )
) ss.
County of Lane )
The foregoing instrument was acknowledged before me on the 1 st day of June,
2006, by James A. Wildish as President of Wild ish Industrial Development Corporation, an
Oregon corporation.
. lfRCIAl. SfAI. '
UNDA L HEISE
" NOTARY PUBuc. 0REIllIl
COMMISSION NO. 391459
MY 00MMISSIllN ElIPIREB llClllIIER 29. 2009
000632\001941681021 VooI
;;4~vf-.J;;{h.o " '
;;J;;ublic for Oregon
My commission expires: /d / zr tJ q
I '
.
Date Received:
OCT 1 7 2008
Original Submittal
.'
EXIllBIT A
Legal Description of Parcel A
. .
Beginning at the northwest corner of Lot 1, Block 2 of Wildish liIdustrial Tracts as platted and
recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west
line of said Block 2 South 00002'25" West 723.16 feet to the southwest corner of Lot 4, Block 2
of said Wildish Industrial Tracts; thence leaving said west line and running along the south line
of said Lot 4, Block 2 South 89057'35" East 183.25 feet to the southeast corner of said Lot 4,
Block 2, said point being in the' westerly margin of Nugget Way, 25.0 feet from, when measured
at right angles to, the centerline of Nugget Way; thence leaving the south line'ofsaid Lot 4,
Block 2 and running along the westerly margin of Nugget Way South 00002'25" West 166.26
feet and along the arc ofa 70,00 foot radius curve left (the chord of which bears South 14"25'45"
East 34.98 feet) a distance of 35.36 feet to the southeast corner of Lot 5, Block 2 of said Wildish
Industrial Tracts; thence leaving the westerly margin of Nugget Way and running along the south
line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest comer of said Lot
5, Block 2; thence'leaving said south line and running South 36006'25" West 273.98 feet to a
point on the northerly' boundary of the Ashland Line of the Southern Pacific Railroad right of
way, said point beiilg 30.0 feet northerly of, when measured at right angles to the centerline of
the Ashland Line of !he Southern Pacific Railroad right of way; thence along said northerly
boundary the Ashland Line of the .Southern Pacific Railroad right of way North 53054'33" West
148.48 feet to a point marking theintersectionof the northerly boundary of Ashland Line of the
Southern Pacific Railroad right of way and the east line of the e.B. Sweet D.L.C. No, 38 in
Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of the
C.B. Sweet D.L-C. No. 38 North 00010'26" East 71.66 feet to a pointffiarking the intersection of
the east line of the e.B. Sweet D.L.e. No. 38,and a line parallel to and 88,0 feet northerly of the
centerline of the Ashland Line of the Southern Pacific Railroad right of way thence leaving the '
east line of said C.B. Sweet D.L.C. No. 38 and running along the northerly line of said Ashland
Line of the Southern Pacific Railroad right of way North 53054'33" West 291.40 feet to a point
which is 75.0 feet eaSterly of when measured at right angles to,the "Y Line" of the South Pacific
Railroad; t:hence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" of
the Southern Pacific Railroad along the arc of a 500,00 foot radius curve right (the chord of
which bears North 2052'21" West 777.55 feet) a distance of 890.76 feet to a point marking the
, intersection of the easterly margin of the "Y Line" of the Southern Pacific Railroad and the south
margin of County Road No. 443, said point being 30.0 feet southerly of, when measured at right
angles to, the centeriine of County Road No. 443 as said centerline is established in C.S.F. No.
27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and
running along the southerly margin of County Road No. 443 North 89059'02" East 277.32 feet to
a point marking the intersection of said. southerly margin and the east line of the C.B. Sweet
D.L.C. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along
the east line of said C.B. Sweet D.L.e. No. 38 North 00010'26" East 6.77 feet to a point marking
the intersection of the east line of the e.B. Sweet D,L.C. No: 38 and the south margin of County
Road No'.,443, said point being 30.0 feet southerly of when measured at right angles to the
centerline of County Road No. 443 as said centerline is established in the plat of Wild ish
Industrial Tracts as platted and recordt:d in Book 56, Page 11 of the Lane CountyBrego~lat .
, . ' ate t<ecelved:
- ,~
;.
OCT 1 7 2008
Original Submittal
'.'
...
Records; thence leaving the east line of the CB. Sweet D.L.C, No. 38 and,mnning along the
south margin of County Road No. 443 North 64041'10" East 243,99 feet to the point of beginning
all in Lane County Oregon.
Legal Description of Parcei B
Beginning at the northwest corner of Lot 1, Block 2 of Wildish Industrial Tracts as platted and
recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west
line of said Block 2 South 00002'25" West 426.66 feet to the True Point of Beginning; thence
North 89"20'24" East 183.26 feet to a point on the west margin of Nugget Way, said point being
25,00 feet from when measured at right angles to the centerline of Nugget Way; thence along the
west margin of Nugget Way South 00002'25" West 298.74 feet to the southeast corner of Lot 4,
Block 2 of said Wildish Industrial Tracts; thence leaving the west margin of Nugget Way and
mnning along the south boundary of said Lot 4,. Block 2 North 89057'35" West 183.25 feet to the
southwest corner of said Lot 4, Block 2; thence North 00"02'25" East 296.50 feet to the True
Point of Beginning, all in Lane County, Oregon.
'r
Date Received:
OCT 1 7 2008
Original Submittal
.
EXHIBIT B
Permitted Exceptions
1. Easement, including the terms and provisions thereof, granted the City of Eugene,
recorded December 15, 1967, Reception No. 8194, Lane County Official Records.
2. Easements as shown on the recorded plat of Wildish Industrial Tracts, except that portion
of the railroad easement along the Westerly boundary of Block 2, vacated by City of
Springfield Ordinance No. 6139, recorded April 5,2006, Reception No. 2006-023042,
Lane County Official Records.
3. Easements for utilities over and across the premises formerly included within the
boundaries of the vacated railroad easement vacated by City of Springfield Ordinance
No. 6139, recorded April 5, 2006, Reception No. 2006-023042 Lane County Official
Records, if any such exist, as reserved therein. -,
4. Wildish Industriiu Park Covenants, Conditions and Restrictions, including the terms and
provisions thereof (but omitting covenants or restrictions, if any, based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law)
recorded February 29,1996, Reception No. 9613731, Lane County Deeds and Records,
5. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including
the terms and provisions thereof, recorded October 4,2005, Reception No. 2005-078938,
Lane County Official Records. . ,
6. Glenwood Urban Renewal Plan, including the terms and provisions thereof, recorded
December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records.
7. Modified Improvement Agreement Including Notice of Potential Assessment Lien,
including the terms and provisions thereof, between the City of Springfield and Wildish
Industrial Development CV'I'V,,,;;on, recorded June 6, 2005, Reception No. 2005-040666,
Lane County Official Records.
8, Public'utility easement, including the terms and provisions thereof, granted the City of
Spnngfield, recorded June 6, 2005, Reception No. 2005-040668, Lane County Official
Records. ' '
9. Public utility easement, including the terms and provisions thereof, granted the City of
Springfield, recorded June 6, 2005, Reception No. 2005-040669, Lane County Official
Records.
10. 'Public utility easement, including the terms and provisions thereof, granted the City of
Springfield, recorded June 6, 2005, Reception No. 2005-040670, Lane County Official
Records.
Date Received:
OCT 1 7 2008
Orioinal Submittal.
,e.
.."...... .,,,.
I.".
11. Public utility easement, ,including the terms and provisions thereof,: granted the City of '
Springfield, recorded June 6,2005, Reception No. 2005-040671, Lane County Official
Records.
12. Public utility easement, including the terms and provisions thereof, granted the City of
Springfield, record~d May 5, 2006, Reception No. 2006-031288, Lane County Official
Records. -
Date Received:
OCT 1 7 2008
Original Submittai